Limited Government and Free Market Views in Delaware

Rape in Federal Prisons Studied

The U.S. Department of Justice released a report last week detailing their efforts to prevent sexual abuse of inmates in federal prisons by prison staff. Any sexual contact or behavior between prison inmates and prison staff is illegal. The report defines sexual abuse as “a range of behaviors that include inappropriate touching, obtaining sexual relations through intimidation, and sexual assault by coercion, threats, or force.” When dealing with the issue of consent the report likened “consensual” sexual relationships between prison staff and wards to statutory rape because of the unequal positions of staff and inmates in the prison hierarchy. There were allegations of abuse against every position in the prison system except for people working in human resources.

Female guards were reported for sexual abuse at a disproportionately higher rate than their male counterparts. The federal report also showed that female guards are more likely to abuse male inmates than female inmates. This disparity indicates more precautions against sexual abuse are needed.

The report investigated complaints of abuse and whether the allegations led to punishment for the accused prison employee for fiscal years 2001 through 2008. During this time period investigations showed that reports of abuse increased after the implementation of laws designed to prevent sexual abuse in prison. The report blamed this increase on recent efforts to make prisoners more comfortable reporting abuse. If this speculation is correct, it would appear that the laws attempting to curtail abuse are having a positive impact.

The series of articles the Caesar Rodney Institute released about the substandard healthcare and abuse in Delaware prisons, Rogue Force, has shown the Delaware prison system is not immune from allegations of abuse. Because of this, it seems prudent for the Delaware Department of Correction to conduct similar research and try to protect its inmates from sexual abuse.

In June, a Delaware DOC employee was charged with raping a 24-year-old female inmate at the women’s work release center. The victim was scheduled to undergo a disciplinary hearing. The guard told her if she did not have sex with him, he would see that she got sent back to the women’s prison.

Department of Correction spokesman John Painter did not immediately return calls seeking comment.